Los Angeles marijuana business attorneys know the ruling does differ from the findings of a panel of justices for the 10th Circuit Court of Appeals, which did find plaintiffs in Safe Streets Alliance v. Hickenlooper, could use the RICO Act to pursue damages against state-licensed marijuana firms. However, when the case went to a jury trial, the court found plaintiffs failed to prove they had suffered injury or that the marijuana cultivation was the cause. That could mean other RICO marijuana claims may still be viable in other districts.Last year, a federal judge in the District of Massachusetts agreed to dismiss RICO claims in Crimson Galeria Ltd. P’ship v. Healthy Pharms, Inc., filed by plaintiffs in Cambridge against a not-yet-opened dispensary, arguing potential losses due to noise and smell, on the basis such claims weren’t ripe because the facility hadn’t opened yet.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Federal judge dismisses Petaluma neighbors’ pioneering lawsuit against cannabis grower, Jan. 3, 2019,  By Julie Johnson, The Press Democrat

More Blog Entries:

Marijuana Businesses Increasingly Face Wage and Hour Lawsuits, Jan. 2, 2019, Los Angeles Marijuana Lawyer Blog